The ongoing Supreme Court petition hearing took an
interesting turn when the petitioner’s side introduced the detailed resignation
letter former IEBC commissioner Roselyn Akombe wrote a week to repeat polls.
Her remark that the Commission had been “put under siege”
and that it could not ‘hold a credible and verifiable election” under Mr
Chebukati’s watch, who she later described a resilient Commission leader
sparked controversy in the CJ David Maraga led apex court.
Lawyers representing ICJ's Kenya chapter chairman
Mr Njonjo Mue told the court the resignation indicated IEBC was not
prepared for the October 26 re-run.
"The only evidence is that the statement has been
owned...IEBC has not denied that it actually came from Akombe," lawyer Julie
Soweto said.
Mrs Soweto told six-judge bench that the statement had
a valid IEBC letterhead and that the Commission Chairman Mr Wafula
Chebukati confirmed what Akombe wrote – that the commission could
not “guaranteed a credible election”, hence the October 26 polls be
annulled.
"This is a written statement on letterhead.
The documents are in the public domain so they should not be
ignored," the avid lawyer said.
She added: "An inference of the truth must be
drawn from the fact that Chebukati acknowledged the statement and
referred to it in his affidavit and are part of the document that were
sworn."
The fact that Mr Chebukati made reference to the resignation
letter written by the UN-employee in his affidavit, could not be expunged from
the court records as it would have created a vacuum of proof from Mr Chebukati
and the petitioner.
"IEBC goes ahead to express his own views with regard
to that statement. That in itself shows an admission of this statement by
Akombe...The purpose of Akombe was to show the environment in
which IEBC was operating," she argued.
In a rejoinder, however, Uhuru's lawyer Ahmednasir Abdullahi
said Soweto cannot be making a statement that had not been admitted in court.
"Who is making Akombe's statement? You cannot
make a statement made by the person without admissible evidence.
My friend should tell the court the medium through which they are admitting
these statements," Ahmednasir Abdulahi said.
IEBC Commissioner Roselyn Akombe tendered her resignation to
the IEBC on October 18, few days to the October 26's repeat polls.
Dr Akombe announced her resignation in a statement sent from
New York, where she was based as she worked for the UN before she took the IEBC
job.
In the statement, Dr Akombe indicated that the October 26
repeat election as planned could not meet the basic expectations of credibility
and fairness.
"The commission in its current state can surely not
guarantee a credible election on October 26. I do no want to be party to such a
mockery to electoral integrity," she said.
Dr Akombe, later in an interview with the BBC’s News
Day program, said she went to New York after fearing for her life. She was
supposd tobe in Dubai-based Al Ghurair to supervise the printing of the ballot
papers for the repeat polls at the time.
